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CESTAT Chennai

Commission on fuel surcharge cannot be included in basic Air fare for Service Tax

May 5, 2023 735 Views 0 comment Print

An airline may pay commission inter alia on various items, apart from the basic fare, which are indicated clearly in the ticket issued to a traveller. The basic fare is clearly indicated, followed by various other charges in such ticket. Hence, in our view, when the basic fare is so specifically indicated, the authorities cannot add or delete anything to the same to say that the basic fare should also include those other things.

Royalty payment for IPR services not liable to Service tax on RCM

May 4, 2023 1206 Views 0 comment Print

The dispute in the present case is relating to the liability of the appellant under IPR service on Reverse Charge Mechanism (RCM).

CESTAT upheld dismissal of time barred appeal against sanction of SAD Refund

May 4, 2023 1560 Views 0 comment Print

Commissioner (Appeals) has discussed the reasons for dismissing the appeal filed by the Department as time barred. The Department had not produced any evidence to show the date on which the Reviewing Authority received the Order-in-Original.

Service Tax Liability of Sub-Contractor not cease on tax payment by main contractor

May 4, 2023 1458 Views 0 comment Print

CESTAT held that Service Tax liability of a sub-contractor would never cease, even when the main contractor remits Service Tax.

Service Tax is not payable on liquidated damages

May 3, 2023 2445 Views 0 comment Print

CESTAT Chennai held that amount received in the form of penalty amount, forfeiture of earnest money deposit and liquidated damages is not leviable to service tax.

Extended period of limitation not invocable as non-payment of tax was due to bonafide belief

April 28, 2023 858 Views 0 comment Print

CESTAT Chennai held that non-payment of service tax under GTA by assessee (Co-operative Society) was due to bonafide belief and there was no deliberate intention for not paying tax. Accordingly, extended period of limitation not invocable.

CVD Exemption cannot be denied based on Impossible Condition in notification

April 28, 2023 1311 Views 0 comment Print

Benefit of CVD exemption under Notification No.30/2004-CE dated 09.07.2004 cannot be denied if condition is such that it is practically impossible to satisfy condition.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 498 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

In absence of foreign marking and cogent evidence, onus is on department to prove that gold is smuggled

April 27, 2023 1659 Views 0 comment Print

CESTAT Chennai held that in absence of foreign marking and any other cogent evidence, onus is on department to prove that the smuggled nature of the goods.

Goods cleared in DTA need not be identical to goods exported for claiming benefit of notification no. 23/2003

April 27, 2023 744 Views 0 comment Print

CESTAT Chennai held the benefit of notification no. 23/2003-CE dated 31.03.2003 allowable to tipper body as it is not necessary that the goods cleared into DTA have to be identical to the goods exported by the EOU.

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